# C_2019372EN.01002801.xml

| 4.11.2019 | EN | Official Journal of the European Union | C 372/28 |
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4.11.2019

EN

Official Journal of the European Union

C 372/28

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Appeal brought on 18 September 2019 by the Federal Republic of Germany against the judgment of the General Court (First Chamber) delivered on 9 July 2019 in Case T-53/18, Federal Republic of Germany v European Commission

(Case C-688/19 P)

(2019/C 372/30)

Language of the case: German

Parties

Appellant: Federal Republic of Germany (represented by: J. Möller and R. Kanitz, acting as Agents, and by M. Winkelmüller, F. van Schewick and M. Kottmann, Rechtsanwälte)

Other party: European Commission

Form of order sought

The appellant claims that the Court should:

| — | set aside the judgment of the General Court of the European Union delivered on 9 July 2019 in Case T-53/18, Germany v Commission; |
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set aside the judgment of the General Court of the European Union delivered on 9 July 2019 in Case T-53/18, Germany v Commission;

| — | annul Commission Decision (EU) 2017/1995 of 6 November 2017 to maintain in the Official Journal of the European Union the reference of harmonised standard EN 13341:2005 + A1:2011 on ‘Static thermoplastic tanks for above-ground storage of domestic heating oils, kerosene and diesel fuels’ in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council; (1) |
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annul Commission Decision (EU) 2017/1995 of 6 November 2017 to maintain in the Official Journal of the European Union the reference of harmonised standard EN 13341:2005 + A1:2011 on ‘Static thermoplastic tanks for above-ground storage of domestic heating oils, kerosene and diesel fuels’ in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council; (1)

| — | annul Commission Decision (EU) 2017/1996 of 6 November 2017 to maintain in the Official Journal of the European Union the reference of harmonised standard EN 12285-2:2005 on ‘Workshop fabricated steel tanks’ in accordance with Regulation No 305/2011; (2) |
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annul Commission Decision (EU) 2017/1996 of 6 November 2017 to maintain in the Official Journal of the European Union the reference of harmonised standard EN 12285-2:2005 on ‘Workshop fabricated steel tanks’ in accordance with Regulation No 305/2011; (2)

| — | in the alternative to (2) and (3), respectively, refer the case back to the General Court; |
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in the alternative to (2) and (3), respectively, refer the case back to the General Court;

| — | order the Commission to pay the costs of the proceedings. |
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order the Commission to pay the costs of the proceedings.

Grounds of appeal and main arguments

In support of the appeal, the appellant relies on two grounds:

| | First, the judgment under appeal infringes Article 18(2), in conjunction with Article 17(5), of Regulation No 305/2011. (3) The General Court disregarded the fact that those provisions both empowered and required the Commission to adopt one of the measures suggested by the Federal Republic of Germany. |
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First, the judgment under appeal infringes Article 18(2), in conjunction with Article 17(5), of Regulation No 305/2011. (3) The General Court disregarded the fact that those provisions both empowered and required the Commission to adopt one of the measures suggested by the Federal Republic of Germany.

| | Second, the judgment under appeal infringes Article 18(2), in conjunction with Article 3(1) and (2) and Article 17(3), of Regulation No 305/2011. The General Court disregarded the fact that those provisions required the Commission to examine whether the standards at issue jeopardise compliance with the basic requirements for construction works. |
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Second, the judgment under appeal infringes Article 18(2), in conjunction with Article 3(1) and (2) and Article 17(3), of Regulation No 305/2011. The General Court disregarded the fact that those provisions required the Commission to examine whether the standards at issue jeopardise compliance with the basic requirements for construction works.

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(1)  OJ 2017 L 288, p. 36.

(2)  OJ 2017 L 288, p. 39.

(3)  Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ 2011 L 88, p. 5).

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